The incident occurred around 10:50 AM that morning. Derrick Gharabighi was charged with one felony count of elder abuse with an added allegation that he inflicted injury on someone who was older than 70-years-old. His victim, Sahak Sahakian, suffered a swollen eye and a one-inch cut above his left eye.

If convicted, Gharabighi could face up to 11 years in prison. Due to a mandate under California law, he must stay in the state penitentiary for at least one year if found guilty. According to police, there is no surveillance video of the incident. The District Attorney's office submitted a press release soon after the incident stating:

"Gharabighi was at a warehouse store in Burbang when he walked up to get a Nutella waffle sample. When the elderly victim reached out, Gharabighi took all of them."

According to KTLA, Gharabighi was arrested less than two weeks before the Costco incident and had previously been arrested in 2012 and 2013 for petty theft and trespassing. In addition, Gharabighi faces charges on spousal battery and cohabitant abuse. Burbank Police Department Sgt. Claudio Losacco said:

"It's a shame that it had to come to this over a Nutella sample. It's a tragic situation where someone in their 70s, almost 80 years old, is faced with something like this."

Sahakian was treated at a nearby hospital after the assault. He and his family do not want to speak to the media about the incident.